Industry welcomes iiNet appeal win

The telco industry has applauded the Federal Court dismissing an appeal for the landmark copyright case brought against iiNet by copyright action group the Australian Federation Against Copyright Theft (AFACT).

The telco industry has applauded the Federal Court dismissing an appeal for the landmark copyright case brought against iiNet by copyright action group the Australian Federation Against Copyright Theft (AFACT).

"Internode hopes this decision settles the matter and we will continue to work with rights holders to promote legal content," Lindsay said.

Peter Coroneos, the outgoing head of the Internet Industry Association which assisted iiNet in its initial case, said he hopes AFACT will not appeal.

"The IIA has consistently maintained it is not the role of internet providers as intermediary to enforce third-party rights, but we hope now that the decision will enable the rights holders to work with the industry to develop a model so that end users can be provided compelling lawful content in Australia."

He said he will maintain a close relationship with iiNet in the event of an AFACT appeal.

"I hope an appeal won't be necessary. I think it's time we moved along on this issue and begin to address the market failures in innovation," said Coroneos.

Exetel head John Linton said he thought the result was "never in doubt".

"The case was appallingly run by AFACT and the result was never, if you can use such a word in legal matters, in doubt.

"I remain very happy that Exetel didn't have to go through this experience — we have/had neither the money nor the time."

Pirate Party president Rodney Serkowski welcomed the iiNet win.

"An imposition of such a regulatory burden would unjustifiably increase costs for ISPs and, invariably, consumers. It would also necessitate incursions into consumers' privacy, something the Telecommunications Act presently forbids," Serkowski said in a statement.

"Lawmakers should be wary of industry propaganda dressed as studies that purposefully conflate issues and make completely fraudulent conclusions about the economic impacts of file sharing.

"We believe that instead of shifting to an even more draconian enforcement of copyright, stigmatising and repressing Australians who share knowledge, culture and information, the Australian Government must begin to accept the legitimacy of sharing, and the benefits it accrues to both creators and consumers, and those in between."

Serkowski said that file sharing is positive "both culturally and economically", dubbing AFACT a "relic" which is forced to pursue a strategy of "fear, uncertainty and doubt" because of the current legal frameworks.

"For these organisations to change, law makers must change the legal framework within which they operate, making substantive changes that respect the freedom of expression and privacy. It requires changes that recognise the legitimacy of sharing and that encourage it."

Telstra said it will review particular rulings of the case which may be a source of concern.

Optus said it was pleased and would be looking at the judgement in more detail. "Under Australian law there are remedies available to copyright holders, including taking action directly against those alleged to be infringing rights," it said in a statement.